RUSHING v. AMERICAN INCOME INSURANCE COMPANY

No. 4107.

274 So.2d 458 (1973)

Frank RUSHING, Plaintiff and Appellant, v. AMERICAN INCOME INSURANCE COMPANY, Defendant and Appellee.

Court of Appeal of Louisiana, Third Circuit.

March 12, 1973.


Attorney(s) appearing for the Case

Cox & Cox by James J. Cox, Lake Charles, for plaintiff and appellant.

Hall, Raggio & Farrar by Frederick L. Cappel, Lake Charles, for defendant and appellee.

Before FRUGE, MILLER and DOMENGEAUX, JJ.


DOMENGEAUX, Judge.

The sole question presented by this appeal is whether plaintiff-appellant Frank Rushing is entitled to penalties and attorney's fees under LSA-R.S. 22:657.

Plaintiff was employed as an electrical lineman. On September 1, 1971, he fell from a utility pole and received serious injuries to his back, right wrist and left knee. He was hospitalized.

At the time of the accident there was in existence a "Special Union Labor Disability

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